Do Radiologic Technologists Qualify For A TN Visa? Lawsuit Attempts To Convince Court They Do

According to a recent article in Becker's Hospital Review, the Henry Ford Health System has filed a lawsuit against USCIS for denying I-129 TN visa petitions filed under the Scientific Technician/Technologist (SciTech) classification for 2 of its radiologic technologist employees.

It will be interesting to see the result of this lawsuit, but this may be one of the few occasions I agree with USCIS. Under the regulations, to qualify for TN visa status as a SciTech, an applicant must be working in one of the following disciplines: "agricultural sciences, astronomy, biology, chemistry, engineering, forestry, geology, geophysics, meteorology, or physics." Legacy INS guidance adds that the applicant must be working in a position consistent with the Occupational Outlook Handbook’s (OOH) description of a Scientific or Engineering Technician or Technologist. Williams Memo: Sci/Tech Guidance (11-07-02). As such, anyone working as a Technician or Technologist in one of the above disciplines as defined by the OOH may be able to qualify for SciTech TN visa status.

Based on this, it appears that USCIS may have some support for these TN visa refusals. According to the OOH, Radiologic and MRI Technologists are Healthcare Occupations, and not Scientific or Engineering Technicians or Technologists. Radiologic Technologists are not categorized under the Engineering Occupations like, e.g. Mechanical Engineering Technologists (who could qualify for a SciTech TN visa). Nor are Radiologic Technologists categorized by the OOH under the Life, Physical, and Social Science Occupations like, e.g. Biological Technicians (who could also qualify for a SciTech TN).